This Notice of Proposed Rulemaking involves a review of our policies governing mobile spectrum holdings in order to ensure that they fulfill our statutory objectives given changes in technology, spectrum availability, and the marketplace since the Commission’s last comprehensive review more than a decade ago. In the last few years, large, medium, and small providers as well as public interest groups have raised concerns about the current approach, and sought review. We initiate this proceeding to provide rules of the road that are clear and predictable, and that promote the competition needed to ensure a vibrant, world-leading, innovation-based mobile economy.

In the Notice of Proposed Rulemaking, we seek comment on whether and how to revise our policies and rules regarding mobile spectrum holdings. In particular, we ask that comments address how to ensure that our policies and rules afford all interested parties greater certainty, transparency and predictability to make investment and transactional decisions, while also promoting the competition needed to ensure a vibrant, increasingly mobile economy driven by innovation.

First, we discuss general approaches to address competitive harm resulting from foreclosing access to spectrum, including a case-by-case analysis, bright-line limits, and other methodologies, and how they might apply not only to secondary market transactions but also to initial spectrum licensing after auctions. We then take a fresh look at implementation issues under various approaches, such as which spectrum should be considered, relevant product and geographic markets, and issues relating to attribution rules, appropriate remedies and transition concerns.

We also seek comment on the costs and benefits of any proposals or proposed changes to policies and rules. We ask that commenters take into account only those costs and benefits that directly result from the implementation of the particular approach or rule that could be adopted. Further, to the extent possible, commenters should provide specific data and information, such as actual or estimated dollar figures for each specific cost or benefit addressed, including a description of how the data or information was calculated or obtained, and any supporting documentation or other evidentiary support.